2203795 (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the application of a non-citizen (the applicant) for review of the Minister's decision to cancel their Bridging E (Class WE) visa. The applicant had an extensive criminal record, including convictions and periods of imprisonment, which formed the basis for the Minister's decision to cancel the visa under section 501(3)(c) of the *Migration Act 1958* (Cth). The applicant's current visa had been issued in conjunction with an application for a Safe Haven Enterprise Visa, which was subsequently refused and affirmed on review by the Tribunal, with no further application for judicial review being made.

The primary legal issue before the Tribunal was whether the applicant possessed the character to be a person of good character for the purposes of the *Migration Act 1958* (Cth), and consequently, whether the Minister's discretion to cancel the applicant's visa under section 501(3)(c) had been validly exercised. The Tribunal was required to assess the applicant's criminal history, the seriousness of the offences, the length of imprisonment, and any other relevant factors to determine if the applicant passed the character test.

In its reasoning, the Tribunal acknowledged the applicant's significant criminal history and the substantial periods of imprisonment served. It noted that the applicant had failed to demonstrate rehabilitation or any significant positive changes in behaviour since the commission of the offences. The Tribunal also considered the limited family and community ties the applicant had in Australia and the potential hardship that cancellation might cause. However, after weighing all the relevant factors, including the protection of the Australian community and the integrity of the migration system, the Tribunal concluded that the applicant did not pass the character test and that the Minister's decision to cancel the visa was a proper exercise of the discretion conferred by section 501(3)(c). The Tribunal affirmed the decision under review.